Patna High Court

Butesh Yadav @ Buntas YadavversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Butesh Yadav, was arrested on a bus after 36 litres of liquor were recovered from a jute bag, and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no incriminating material was found on his person and that the recovery occurred in a public place. He had been in custody since 14‑12‑2025 and possessed three prior criminal antecedents, and the prosecution alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the circumstances and the lack of direct evidence, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including family surety and appearance at every trial date.

Issues considered

Whether bail should be granted to the petitioner despite prior criminal antecedents.
Whether the prosecution complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the bail application.
Whether the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act warrant denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
Bihar Prohibition and Excise Act
criminal antecedents
Section 103
Bharatiya Nagarik Suraksha Sanhita
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5467 of 2026
                    Arising Out of PS. Case No.-1040 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Butesh Yadav @ Buntas Yadav S/o- Yaduvir Yadav R/v- Lakshminiakap
                 W.No-4, Ps- Sour Bazar Dist- Saharsa.

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Lakshmi Kant Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Special

                   Case No. 1058 of 2025, Excise P.S. Case No. 1040 of 2025,

                   instituted for the offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 36 liters

                   liquor was recovered from jute bag. Petitioner was arrested on

                   the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.5467 of 2026(2) dt.31-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner further submitted that the recovery has been

          made from bus, which is an open place and is accessible to

          public at large. The petitioner was sitting in the bus as

          passenger. The petitioner is in custody since 14.12.2025 and has

          got three criminal antecedents. There is no compliance of

          Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Special Case No.

          1058 of 2025, Excise P.S. Case No. 1040 of 2025, subject to the

          following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.5467 of 2026(2) dt.31-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…